USCIS Permits Sileiri Doe Class Members to Request Reopening or Reconsideration of Adverse Decisions Without a Fee Follo
Current rules
Sileiri Doe class members may submit a request to USCIS to reopen or reconsider an adverse decision or action on an immigration benefit request without paying a filing fee, provided the individual believes the adverse decision resulted from the April 2025 parole termination. Eligible adverse decisions must have been issued by USCIS between 1 April 2025 and 21 April 2026. There is no filing deadline. The fee exemption excludes requests for employment authorisation based on parole, does not apply to appeals, and generally requires individuals currently in removal proceedings to have those proceedings dismissed or terminated by an Immigration Judge before USCIS can exercise jurisdiction.
Overview
Pursuant to a 28 September 2026 order issued by the U.S. District Court for the District of Massachusetts in Sileiri Doe v. DHS, U.S. Citizenship and Immigration Services (USCIS) is allowing qualifying class members to file requests to reopen or reconsider adverse immigration decisions without paying a fee. This remedy applies to non-citizens paroled through the CBP One mobile application whose parole was unlawfully terminated by mass email in April 2025, provided the adverse benefit decision occurred between 1 April 2025 and 21 April 2026. The policy covers benefit decisions that were denied, dismissed, abandoned, administratively closed, rejected, or referred to immigration court, but explicitly excludes requests for employment authorisation based on parole. There is no set deadline to file, though applicants currently in removal proceedings must first secure termination or dismissal of those proceedings before USCIS can exercise jurisdiction over their requests.
Who is affected by the latest change
- Sileiri Doe class members paroled via CBP One between 16 May 2023 and 19 January 2025 who remain in the United States
- Class members whose benefit applications were denied, dismissed, rejected, closed, or deemed abandoned between 1 April 2025 and 21 April 2026
- Class members referred to EOIR between 1 April 2025 and 21 April 2026 due to the April 2025 parole termination
- Class members in removal proceedings who must obtain court termination or dismissal before seeking USCIS reopening
What changed in the latest version
Before
Under standard immigration procedures, individuals seeking to reopen or reconsider an adverse USCIS decision were required to pay the standard filing fees (such as on Form I-290B), comply with strict regulatory filing deadlines, and could not seek remediation for decisions predicated on the April 2025 mass email parole terminations.
After
Sileiri Doe class members may submit a request to USCIS to reopen or reconsider an adverse decision or action on an immigration benefit request without paying a filing fee, provided the individual believes the adverse decision resulted from the April 2025 parole termination. Eligible adverse decisions must have been issued by USCIS between 1 April 2025 and 21 April 2026. There is no filing deadline. The fee exemption excludes requests for employment authorisation based on parole, does not apply to appeals, and generally requires individuals currently in removal proceedings to have those proceedings dismissed or terminated by an Immigration Judge before USCIS can exercise jurisdiction.
This remedy offers a clear process for eligible parolees to reverse negative immigration decisions caused by the unlawful April 2025 mass cancellation emails. People whose applications for asylum, adjustment of status, or other immigration benefits were rejected, denied, administratively closed, or treated as abandoned between 1 April 2025 and 21 April 2026 can now ask for a fresh assessment without paying standard motion fees, which often create a major financial obstacle. Because the court ruled that the April 2025 termination notices had no legal effect, USCIS adjudicators cannot rely on that cancellation to support adverse findings, detention, inadmissibility, or unlawful presence under INA § 212(a)(9)(B) and (C)(i). To receive this relief, applicants cannot use standard motion procedures on their own; they must follow special USCIS instructions for Form I-589 or Form I-290B and explain clearly how the April 2025 cancellation harmed their original application. Approval still depends on proving that the applicant meets the underlying legal criteria for the benefit in question. The rules also impose strict jurisdictional boundaries: individuals currently facing removal proceedings before an Immigration Judge risk having their requests rejected or denied if they apply to USCIS before the court officially dismisses or terminates the proceedings. Furthermore, the policy does not waive fees for parole-based employment authorisation, nor does it affect the separate parole termination notices issued by CBP on 21 April 2026.
Explained simply
If you came to the US through the CBP One app and the government wrongly cancelled your parole by a mass email in April 2025, a federal court ruled that email was illegal. If USCIS rejected or denied your visa or asylum application between 1 April 2025 and 21 April 2026 because of that mistake, you can now ask them to take another look at your case for free. You do not have to pay the usual motion fee, and there is no ticking deadline to ask. However, this does not apply to work permits based on parole, and if you are currently in front of an immigration judge, your court case must be closed first.
Frequently asked
Version history
- v1Effective 28 Sept 2026EffectiveHigh impactUSCIS Permits Sileiri Doe Class Members to Request Reopening or Reconsideration of Adverse Decisions Without a Fee Following Court Order
United States Citizenship and Immigration Services (USCIS) announced implementation procedures following a 28 September 2026 order by the U.S. District Court for the District of Massachusetts in Sileiri Doe v. DHS. Under the policy, Sileiri Doe class members may submit a request to USCIS to reopen or reconsider an adverse decision or action on an immigration benefit request without paying a fee. This relief applies exclusively to class members who scheduled entry via the CBP One application, were paroled between 16 May 2023 and 19 January 2025, had their parole terminated by mass email in April 2025, remain in the United States, and received an adverse decision between 1 April 2025 and 21 April 2026 as a consequence of that termination. Eligible adverse decisions include denials, dismissals, abandonments, administrative closures, rejections, and referrals to the Executive Office for Immigration Review (EOIR). No filing deadline applies to these requests. However, fee-exempt requests exclude applications for employment authorisation based on parole, standard appeal procedures remain unchanged, and individuals currently in removal proceedings must generally have those proceedings terminated or dismissed by an Immigration Judge before USCIS can act.
Timeline
Announced
26 Oct 2026
Pursuant to a 28 September 2026 order issued by the U.S. District Court for the District of Massachusetts in Sileiri Doe v. DHS, U.S. Citizenship and Immigration Services (USCIS) is allowing qualifying class members to file requests to reopen or reconsider adverse immigration decisions without paying a fee. This remedy applies to non-citizens paroled through the CBP One mobile application whose pa
Takes effect
28 Sept 2026
Sileiri Doe class members may submit a request to USCIS to reopen or reconsider an adverse decision or action on an immigration benefit request without paying a filing fee, provided the individual believes the adverse decision resulted from the April 2025 parole termination. Eligible adverse decisions must have been issued by USCIS between 1 April 2025 and 21 April 2026. There is no filing deadlin
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